Delegated legislation Flashcards

Question

What is the affirmative resolution?

Answer 1

Enabling Acts dealing with subjects of special importance may require parliament to vote its approval of DL

Answer 2

This is less common and the SI only comes into force if approved Usually applies to important areas of law A debate follows intro and both houses of parliament must expressly approve the SI before it can be enacted P cant ammend the SI- only approve or withdraw it

Answer 3

Changes to the Police code in PACE must be approved before they come into force

Answer 4

During parliamentary debate, parliament will ask the minister whose creating SI questions to get a better understanding

Answer 5

All statutory instruments

Answer 6

Can draw the attention of BOTH houses of parliament to any statutory instruments which need further consideration

Answer 7

-statutory instruments impose a charge/levy -statutory instruments applies retrospectively (this is banned in enabling acts) -statutory instruments exceeds powers given in enabling act -statutory instruments make unexpetced or unsual use of powers -statutory instrument is unclear

Answer 8

Cannot ALTER any statutory instruments- only refer the problem to parliament

Answer 9

The validity of the enabling act cannot be challeneged, but the DL itself can be challeneged by someone with standing or interest in the case

Answer 10

The court can decide that the DL is 'void' (no longer has effect)

Answer 11

1. The DL goes beyond the powers granted by the parent act 2.The DL did not follow the correct procedure 3. A decision made under DL was unreasonable

Answer 12

R v Home secretary ex parte fire brigades union

Answer 13

Decide the date to introduce the criminal injury compensation scheme

Answer 14

Made some changes to the scheme to reduce the amount of compensation alloweed and introduced the scheme

Answer 15

Yes, he went beyond what the enabling act gave him.

Answer 16

Its ultra vires and that his amended scheme didnt apply

Answer 17

ATB v Aylesbury Mushrooms

Answer 18

He didnt consult the mushroom growers association

Answer 19

Ultra vires and his regulations didnt apply to mushroom growers

Answer 20

R (rogers) v Swindon NHS trust

Answer 21

Its wrong to draw a distinction between women with breast cancer if their medical needs are the same

Answer 22

Ultra vires, not given the drug

Answer 23

** saves parliament time** - -There are 650 mps in the house of commons -when an act arises it involves multiple debates leading to time taken up. -By allowing other bodies to make DL, it frees up parliamentary time. -the health and safety at work act 1974 enabled the minister of work and pensions to make regulations through a statutory instrument relating to health and safety in all workplaces (Mining regulations 2014). -allows P to concentrate their time on other important things such as brexit.

Answer 24

**apply to local areas** - -enabling local councils to make laws, they can assess the needs of the locality and respond by making laws for that specific issue. -there may be a problem with excessive drinking in an area of town. -A local council can then make a by law making that area alcohol free. - the law can be made by people who know the local area well.

Answer 25

**Dl can be made by those with specialist knowledge** - -specific government departments to make rules for their area of specialty. -PACE 1984 allows the minister of justice to set the police codes of practice using his understanding of the criminal justice system. -the rules may be complex and require specialist knowledge to understand which these ministers would have.

Answer 26

**numerous controls from parliament**- -the scrutiny committee checks SI’s for parliament, and courts can declare the DL ultra vires in some situations. - the correct procedure was not followed in ATB v Aylesbury mushrooms so the courts declared the DL as void. - This is good because it makes sure DL is working in the way P wants it to.

Answer 27

**may be undemocratic**- -The privy council who makes orders in council is not only made up of elected MPS but also unelected judges and bishops. -SI’s are often made by unelected civil servants. - SI was passed in 2012 by the minister of justice restricting the rights of immigrants to get legal aid. - This SI was challenged in court and was classed as ultra vires. - This means that important laws may not be representative of what the public wants.

Answer 28

**the little publicity it has**- -3000 SI’s and thousands of by laws are made each year often have no publicity. -the British Airports authority passed a by law stopping passengers from taking tennis rackets onto planes. A passenger was then fined for doing this when he had no idea what he was doing wrong. This is bad because it's hard for the average person to know about these laws.

Answer 29

**can be complex**- DL can be long and complicated and often requires judges to interpret the wording to fully understand them. -R v Swindon NHS trust where the case involved technical rules for drugs and the court had to decide what was ‘exceptional’ in relation to medical needs. This means it's hard for the public to understand DL.

Answer 30

**not always effective**- The scrutiny committee can only refer problems to Parliament and hope they decide to take action, and very few judicial reviews are actually successful. In 2018, nearly 3,600 reviews were requested, but only 184 cases went ahead and the Government lost 40% of these. This means that there may be quite a lot of bad delegated legislation being made that is not being resolved properly.

Delegated legislation Flashcards

(54 cards)